S.Akila, D/O. Late v. The District Employment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.23233 of 2018 S.Akila ... Petitioner Vs 1.The District Employment Officer, District Employment Office, Near Collector's Office, Ramanathapuram.

2.The District Employment Officer, District Employment Office, K.Pudur, Madurai-625 007.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to restore the petitioner's registration as 01.12.1997 and forward the petitioner's name for suitable vacancy for disabled person. For Petitioner : Mr.N.Sundaresan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner is a physically challenged person. Her case is that she got herself registered on the rolls of the first respondent on 01.12.1997 and that it was due for renewal on 01.12.2000. Due to the circumstances mentioned in the affidavit filed in support of this petition, according to the petitioner, her employment registration was recorded as 10.12.2004 instead of 01.12.1997. The petitioner wants restoration of her original seniority.

3.The petitioner's request is strongly opposed by the respondents who have filed a detailed counter affidavit. 4.I am of the view that the petitioner has no real cause for grievance. The Hon'ble Supreme Court has held that recruitment should not be confined to employment exchange alone. The seniority rank assigned to a registrant on the rolls of the employment exchange has ceased to have any significance. Therefore, the petitioner cannot be really prejudiced.

https://hcservices.ecourts.gov.in/hcservices/

5.That apart, there is no material before me to come to the conclusion that the petitioner actually got herself registered on 01.12.1997. The petitioner in paragraph-2 of her affidavit claims that one officer by name Hariharan snatched the papers from her and had torn it and thrown into the dust bin and shouted at her to get out of the premises. If such an incident had happened, it is really a serious matter and the petitioner would have filed a police complaint or at least would have filed a complaint before the superior officer. But nothing of the sort had ever happened. 6.From the materials enclosed in the typed set of papers, it is seen that the petitioner had raised a complaint only in the year 2016. Thus, for over 16 years, the petitioner has been silent. Hence, for want of evidence, this Court is not in a position to grant any relief to the writ petitioner.

7.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS III) pnn To 1.The District Employment Officer, District Employment Office, Near Collector's Office, Ramanathapuram.

2.The District Employment Officer, District Employment Office, K.Pudur, Madurai-625 007.

1 CC to M/s.N.SUNDARESAN, Advocate ( SR-56507[F] dated 26/03/2019 ) +1 CC to M/s.SPL GP ( SR-56573[F] dated 26/03/2019 ) W.P.(MD)No.23233 of 2018 25.03.2019 https://hcservices.ecourts.gov.in/hcservices/ DS/ /SAR- (02.04.2019) 2P 5C